Jagnarayan Singh v. Shubharaji Devi And ORS
Patna High Court C.Misc. No.1050 of 2016 (2) dt.11-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1050 of 2016 ====================================================== Jagnarayan Singh .... .... Appellant/s
Versus
Shubhraji Devi & Ors .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Arabind Nath Pandey For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-11-2016 Heard the learned counsel for the petitioner and the learned counsel for the respondents.
Perused the impugned order dated 04.08.2016 passed by the learned Munsif, Kaimur at Bhabhua in Title Suit No.62 of 1995 whereby the learned Court below has marked the public document as exhibit on behalf of the plaintiff. The only grievance of the petitioner is that at the time of argument, the documents have been marked as an exhibit. From perusal of the impugned order, it appears that the Court below clearly held that the relationship and the genuineness of the document shall be considered at the time of final argument which is going on. The Court below also found that the document, which is being marked as exhibit, is a public document which is necessary for decision of the controversies between the parties. Therefore, I find no reason to interfere with the impugned order in
Patna High Court C.Misc. No.1050 of 2016 (2) dt.11-11-2016 exercise of supervisory jurisdiction.
The learned counsel for the petitioner prayed for opportunity to adduce evidence in rebuttal.
It may be mentioned here that the document is a public document and the admissibility, relevancy or genuineness of the document shall be considered by the trial court at the time of final argument of the case. Therefore, there is no question of granting opportunity for adducing evidence in rebuttal arises. Thus, the prayer is rejected.
Accordingly, this Civil Miscellaneous application is dismissed.
(Mungeshwar Sahoo, J) Saurabh/- U T